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Three-party Property Sales
& Purchase Agreement
Agreement No.:
S-34-700000
Three-party Property Sales & Purchase
Agreement
Party
A (Seller):
Party B
(Buyer):
I. Sales & purchase of the
property
Party A agrees to
sell the property to Party B. The property is
qualified for sale in the market in accordance
with the regulation of
Beijing
Municipal Construction Committee. Together with
the sales of the property, the allocated land area
for the property and
the usable term of
the land is transferred to Party B jointly. The
property is described as:
1.
Serial no. of the title certificate of
the property is:_____________________________;
2.
Construction
area: _________m
; usable floor space:
__________m
(optional);
3.
Together with
the title of the property, facilities and interior
decorations to be transferred are as described in
Appendix (1);
4.
Party A shall guarantee that it has
completely disclosed the facts about the property,
including but not limited to the title,
decoration and relevant information;
Party B has fully understood the facts and agrees
to buy the property voluntarily.
2
2
II. Sales price
and terms of payment
1.
Sales Price
Party A and Party B agree that the
sales price of the property be(CAD ______);
The
price
includes:
[price
of
the
property],
[public
maintenance
fund],
[permanent
interior
decoration],
[air-conditioners]
and
others
2.
Terms of Payment
Party B
shall make the payment in accordance with as
follow:
A.
Cash
Upon signing of this Agreement, Party B
shall pay 10% of the price ( ________) as the
deposit. This payment shall be
made in
accordance with ______as follow:
a.
Paid to Party
A in full and Party A shall issue an invoice;
completed and the property handover has
been concluded, and the deposit will be released
together with the
remaining payment to
Party A. To do this, Party A and Party B need
Party A and
Party B hereby agree that, for the afore-said
method (b), once the escrow fund is deposited in
the escrow
account it is deemed that
Party B has performed its payment obligation of
deposit and the sales price.
B.
Mortgage
a.
Upon signing
of this Agreement, Party B shall pay of the price
as the deposit, which will be part of the down
payment.
b.
Within days after signing of this
Agreement, Party B shall make up the rest part of
the down payment (the down
payment
shall be no less thanof the price in accordance
with mortgage bank’
s requirement).
Through the
negotiation, Party B agrees to make the afore-said
payment in way as follow:
2
b.
Deposited
temporarily
This
deposit
will
be
released
only
when
the
title
transfer
from
Party
A
to
Party
B
is
a.
b.
Paid in full amount to Party A and
Party A shall issue an invoice;
Deposited temporarily into the escrow
account
This deposit will
be released only when the title transfer from
Party
A
to
Party
B
is
completed
and
the
property
handover
has
been
concluded,
and
the
deposit
will
be
released
together
with
the
remaining
payment
to
Party
A.
To
do
this,
Party
A
and
Party
B
need
to
sign
a
separate Escrow Agreement with Region.
Party A and Party B hereby
agree that, for the afore-said method (b), once
the escrow fund is deposited in the escrow
account it is deemed that Party B has
performed its payment obligation of deposit and
the down payment.
If Party
B makes the remaining payment with bank mortgage,
Party B shall sign a separate
Entrusted
Payment Authorization
with
Century 21 Beijing Region for its mortgage
services.
a.
If
Party B satisfies the criteria of getting the
mortgage loan through the examination of the
lending bank, the
lending bank shall
remit the loan in lump sum to the special
settlement account opened by Party A at the bank
in
accordance with the
Entrusted Payment
Authorization
.
b.
In case Party B does not satisfy the
criteria of getting the loan through the
examination of the lending bank, Party
B will choose
the following methods as the solution:
i)
ii)
3.
Taxes and fees
A.
Party A and Party B shall pay all the
taxes and fees respectively in accordance with
relevant regulations of the state and
local governments. shall assist Party A
and Party B to calculate relevant taxes and fees.
Through negotiation, Party A and
Party
B agree to bear the taxes and fees as follows:
For
any
taxes
or
fees
unspecified,
unclear,
or
changed
with
the
policy,
Party
A
and
Party
B
shall
reach
a
consensus
days
before
the
title
transfer,
or
Party
A
and
Party
B
shall
make
the
payment
in
accordance
with
the
government
regulation.
Fees including
but
not
limited
to
property
management
fee,
utility
fees
for
water,
electricity,
gas,
telephone and others
before the handover of the property is
concluded shall be born by Party A. And the fees
after shall be born by Party B.
B.
Party
A
and
Party
B may
entrust
to pay
the
aforesaid
taxes
and fees
and
shall
transfer
the payment
proof,
receipts
and
invoices issued by relevant government
to the parties that make the payment.
Within days
after the bank decides not to provide the loan,
Party B shall raise the remaining payment
by himself and pay in cash to Party A.
Party B shall bear all the expenses occurred
during this period;
Terminate this
Agreement, and Party A and Party B shall refund
the money which have been paid to
each
other. Party B shall bear all the expenses
occurred during this period.
III.
Commission and terms of payment
The
afore-said commission shall no be refunded by to
any party shall this agreement fail to be
performed due to default of either
Party A or Party B once this Agreement
is entered by the three parties.
IV. Title transfer agency
services
Party
A
and
Party
B
shall
prepare
the
certificates
and
materials
for
title
transfer
and
shall
provide
chargeable
title
transfer
services for Party
A and Party B with fees.
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